Uganda Case Law

Omari Assini v Electoral Commission and Another

Omari Assini v Electoral Commission and Another (Election Petition Appeal 1 of 2023) [2024] UGHCCD 159 (4 October 2024)

Court

HC: Civil Division (Uganda)

Case number

Election Petition Appeal 1 of 2023

Judge

Musa Ssekaana, J

The appellate court found that the 2nd respondent was not validly nominated due to deliberate falsehoods under oath regarding educational qualifications on Form EC7, which rendered his nomination invalid. The court also determined that the 2nd respondent committed an electoral offence by using a bursary scheme as a campaign tool to induce voters, contrary to the Local Governments Act. Procedural irregularities in the lower court, including the framing of issues not agreed upon and reference to abandoned affidavits, were noted but did not occasion a miscarriage of justice sufficient to nullify…

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• Nomination Validity
• Electoral Offences
• Bribery And Corrupt Practices
• Procedural Irregularity
• Fair Hearing
• Declaration Of Results

Kalyango v Wasajja and Another

Kalyango v Wasajja and Another (Election Petition Appeal No. 11 of 2019) [2022] UGHCCD 63 (22 April 2022)

Court

HC: Civil Division (Uganda)

Case number

Election Petition Appeal No. 11 of 2019

Judge

Musa Ssekaana, J

The High Court dismissed an election petition appeal, holding that post-voting disruption did not justify excluding results and that the omitted polling station results should have been tallied.

• Omission Of Polling Station Results
• Non Compliance With Electoral Laws
• Burden Of Proof In Election Petitions
• Declaration Of Results
• Discretion In Award Of Costs
• Election-petitions

Chelangat v The Electral Commission & Another

Chelangat v The Electral Commission & Another (Election Petition 6 of 2021) [2021] UGHC 70 (26 October 2021)

Court

High Court of Uganda

Case number

Election Petition 6 of 2021

Judge

Cornelia Kakooza Sabiiti, J

The High Court dismissed an election petition challenging the Bukwo district woman MP election, finding no proven non-compliance, bribery, or substantial effect on the result.

• Parliamentary Elections
• Electoral Offences
• Bribery
• Non Compliance With Electoral Laws
• Burden Of Proof
• Declaration Of Results

Ekanya v Nyakecho and Anor

Ekanya v Nyakecho and Anor (Election Petition No. 4 of 2016) [2016] UGHCEP 48 (28 June 2016)

Court

Election Petitions of Uganda

Case number

Election Petition No. 4 of 2016

The court found that there was non-compliance with sections 50, 51, and 52 of the Parliamentary Elections Act, 2005 by the Electoral Commission, specifically in failing to seal ballot boxes and safeguard election materials at Mission of Hope Church and Pagoya Primary School polling stations. The evidence established that the non-compliance was not justified and that the Returning Officer was not entitled to cancel the results from these stations, as there was no credible evidence of tampering or alteration of results. The court held that the failure to include 1,050 valid votes from the two p…

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• Parliamentary Elections
• Vote Tallying
• Electoral Non Compliance
• Declaration Of Results
• Burden Of Proof
• Remedies In Election Petitions

Kayanja v Rulinda and Another

Kayanja v Rulinda and Another (Election Petition No. 14 of 2021) [2023] UGHCCD 7 (20 April 2023)

Court

HC: Civil Division (Uganda)

Case number

Election Petition No. 14 of 2021

Judge

Byaruhanga Rugyema, J

The court found that the Petitioner failed to adduce credible and cogent evidence to prove that the results declared by the Electoral Commission were falsified or inflated in favour of the 1st Respondent. The certified Declaration of Results forms, endorsed by agents and presiding officers, were deemed authentic, and the Petitioner's uncertified forms were not proven to be reliable or genuine. The Petitioner did not raise timely objections or seek a recount at the Tally Centre, and his claims regarding denial of access and non-use of the Electronic Display System were unsupported by evidence…

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• Local Government Elections
• Vote Tallying
• Declaration Of Results
• Burden Of Proof
• Evidence Authenticity
• Remedies In Election Petitions